Nov. 14, 2008
Kentucky Parents File Civil Rights Suit Against School System for Not Protecting Daughter(s) from Bullies
By Tony Rutherford
Huntingtonnews.net Reporter
Ashland, KY (HNN) – Parents who warned the principal of Lawrence County High School that their daughter might be harmed by another student have filed a federal lawsuit seeking damages. On August 12, 2008, Jerica Moore, 17, sustained head injuries from both a candlestick holder and a fist.
According to the federal complaint, Moore’s parents had on August 11 “hand delivered a copy of a threatening letter which indicated that juvenile C.S. was likely to launch an imminent attack” to Lawrence County High School where it was put on Principal James Boggs desk.
Prior to the August 11 warning, Ms. Moore’s parents advised Principal Boggs and Assistant Principal Debra Delong on July 30, 2008 and August 4, 2008 that they feared retaliation from a specific juvenile against their daughter following Jerica’s parents interacting in a juvenile proceeding against “C.S.”
An officer who works in the Juvenile Court system of Lawrence County advised Melissa Moore July 30 and Jerry Moore spoke with Boggs August 4. Mr. Moore informed the principal they had already “sought the assistance of the Juvenile Court in protecting [Jerica] from harassing communications and threatening messages. The principal assured “appropriate protection measures were in place.”
Following the attack August 12, Jerica sustained injuries to the back of her head that included staples as well as other pain and suffering. Her medical expenses total about $10,000.
The parents of Megan Hanshaw have also sued due to injuries she suffered May 1, 2008.
Prior to the attack on Megan, a juvenile identified as BS on April 26, 2007 told her “to watch her back.” Megan’s parents sought protection from the Juvenile Court. On April 27, 2007, Megan’s mom met with Principal Boggs stating that “another attack was likely and imminent.”
“In response, Principal Boggs decline to discuss what measures, if any, would be taken to protect a future attack,” the complain reads.
Fearing an attack, Megan did not attend school April 27. She returned on April 30 due to CATS testing. Her mother, Kimberly Hughes, approached Principal Boggs and “was assured that [Megan] would be escorted to testing “due to the ongoing fear of an attack.
Yet on May 1, 2008, the student body had to report to the gym for a morning assembly. The complaint alleges that “defendants individually and collectively were careless and negligent in that no protection procedures had been taken.”
As a result, BS “violently attacked” Megan with her first. “The attack included punches to [Megan’s] face , which resulted in a deviated septum and a substantial right eye contusion. The physical altercation ended when a fellow student intervened and stopped the beating.”
The complaint alleges that students enrolled in the states schools are “offered protection” by statute and that the Defendants were “deliberately indifferent to the needs” of the two victims. “The defendants have an unconstitutional plan or custom of being deliberately indifferent to the rights of minors referenced in this amended complaint … which violated the civil rights of the minors … as well as state law claims.”
The Defendants have responded that plaintiffs’ cannot recover civil damages under the doctrines of sovereign immunity, governmental immunity, absolute and/or qualified immunity. Defendants allege that the intentional conduct/negligence came from parties “over whom Defendants had no control… or liability.”
The case is pending in the Ashland Division of the United States District Court for the Eastern District of Kentucky.
A PDF of the AMENDENDED COMPLAINT may be downloaded HERE; the Defendants Answer can be downloaded HERE.
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Kentucky Parents File Civil Rights Suit Against School System for Not Protecting Daughter(s) from Bullies
By Tony Rutherford
Huntingtonnews.net Reporter
Ashland, KY (HNN) – Parents who warned the principal of Lawrence County High School that their daughter might be harmed by another student have filed a federal lawsuit seeking damages. On August 12, 2008, Jerica Moore, 17, sustained head injuries from both a candlestick holder and a fist.
According to the federal complaint, Moore’s parents had on August 11 “hand delivered a copy of a threatening letter which indicated that juvenile C.S. was likely to launch an imminent attack” to Lawrence County High School where it was put on Principal James Boggs desk.
Prior to the August 11 warning, Ms. Moore’s parents advised Principal Boggs and Assistant Principal Debra Delong on July 30, 2008 and August 4, 2008 that they feared retaliation from a specific juvenile against their daughter following Jerica’s parents interacting in a juvenile proceeding against “C.S.”
An officer who works in the Juvenile Court system of Lawrence County advised Melissa Moore July 30 and Jerry Moore spoke with Boggs August 4. Mr. Moore informed the principal they had already “sought the assistance of the Juvenile Court in protecting [Jerica] from harassing communications and threatening messages. The principal assured “appropriate protection measures were in place.”
Following the attack August 12, Jerica sustained injuries to the back of her head that included staples as well as other pain and suffering. Her medical expenses total about $10,000.
The parents of Megan Hanshaw have also sued due to injuries she suffered May 1, 2008.
Prior to the attack on Megan, a juvenile identified as BS on April 26, 2007 told her “to watch her back.” Megan’s parents sought protection from the Juvenile Court. On April 27, 2007, Megan’s mom met with Principal Boggs stating that “another attack was likely and imminent.”
“In response, Principal Boggs decline to discuss what measures, if any, would be taken to protect a future attack,” the complain reads.
Fearing an attack, Megan did not attend school April 27. She returned on April 30 due to CATS testing. Her mother, Kimberly Hughes, approached Principal Boggs and “was assured that [Megan] would be escorted to testing “due to the ongoing fear of an attack.
Yet on May 1, 2008, the student body had to report to the gym for a morning assembly. The complaint alleges that “defendants individually and collectively were careless and negligent in that no protection procedures had been taken.”
As a result, BS “violently attacked” Megan with her first. “The attack included punches to [Megan’s] face , which resulted in a deviated septum and a substantial right eye contusion. The physical altercation ended when a fellow student intervened and stopped the beating.”
The complaint alleges that students enrolled in the states schools are “offered protection” by statute and that the Defendants were “deliberately indifferent to the needs” of the two victims. “The defendants have an unconstitutional plan or custom of being deliberately indifferent to the rights of minors referenced in this amended complaint … which violated the civil rights of the minors … as well as state law claims.”
The Defendants have responded that plaintiffs’ cannot recover civil damages under the doctrines of sovereign immunity, governmental immunity, absolute and/or qualified immunity. Defendants allege that the intentional conduct/negligence came from parties “over whom Defendants had no control… or liability.”
The case is pending in the Ashland Division of the United States District Court for the Eastern District of Kentucky.
A PDF of the AMENDENDED COMPLAINT may be downloaded HERE; the Defendants Answer can be downloaded HERE.
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